Tyrell Berberena of Malden, Massachusetts has been arrested and charged with Possession of a High Capacity Firearm and Armed Assault With the Intent to Commit Murder following a daytime shooting in Malden yesterday. One witness to the event stated that he saw a group of three youths on Eastern Avenue near the parking lot of a Chinese restaurant. The victim arrived on a bicycle. One of the members of the group, wearing a black hooded sweatshirt pulled out a gun and shot the victim. Four or five shots were fired in all. The shooter casually walked away from the scene. The others fled. The victim was taken to a local hospital. His condition has not yet been released. Berberena and the victim knew one another. No motive for the shooting has been disclosed yet. This case is pending in the Malden District Court but will be prosecuted in the Middlesex Superior Court in Woburn.

The crime of Armed Assault With Intent to Murder in Massachusetts is defined by Massachusetts General Laws Chapter 265 Section 18. The law requires the district attorney to prove 10, that the defendant was armed with a dangerous weapon, 2) that the accused assaulted someone and 3) that the defendant had the intent to cause death to the victim. Malice coupled with a specific intent to kill must be proved beyond a reasonable doubt in order to convict for this crime. A lesser offense, and one that is typically easier for the prosecutor to prove is assault with the intent to kill. Anytime someone gets shot in Massachusetts he faces the charge or Armed Assault With the Intent to Kill. This crime is a felony and is punishable by up to twenty years in state prison in Massachusetts.

The defenses to this crime are countless. Obviously a theory of self-defense can be employed in those cases where the facts so warrant. Additionally, since this is a specific intent crime alcohol or drug intoxication can negate aspects of the element of intent necessary to sustain a conviction. In this particular case Berberena is going to have to overcome eyewitness accounts if he intends to go to trial and secure an acquittal. This is sometimes difficult in that uninvolved witnesses’ credibility is difficult to challenge. They rarely have a motive to provide testimony other than what they actually observed. On the other hand, it is very unlikely that these people saw more than the event itself. They probably did not see what precipitated the shooting since there was no reason to focus on the group prior to the shooting. This fact might leave their observations somewhat impeachable. Regardless, Shooting Cases in Massachusetts can be extremely difficult to defend especially where the shooting was observed by a neutral party.

Our office has been defending Gun Cases and Shooting Cases in Massachusetts for over twenty years. Our results are unmatched. If you need a lawyer you should call our office to discuss your case. We can be reached at 617-263-6800. You can also send us an email.